The County of Maui has filed a motion for summary judgment in the federal court challenge to the County’s affordable housing exaction ordinance. The memorandum in support of the motion is posted here (215k pdf).
The Maui ordinance, enacted last year, imposes a 40% to 50% affordablerequirement on new housing developments. I posted on the
Head’s up to two upcoming seminars worth attending: “Planning Zoning and Eminent Domain” (May 8-9, 2008), and “Planning and Zoning 101” (May 7, 2008), both of which will be put on by the Center for American and International Law, in Plano, Texas. Registration information for both seminars is here. The
A Lahaina business owner has sued the County of Maui in federal court in Honolulu. In Goo v. County of Maui, CV 08-00172 DAE (filed Apr. 17, 2008), the Complaint alleges the County and Planning Department officials drove the International Open Market Place, a gift and craft fair, out of business by deliberately favoring
“If you can fight blight, why not create beauty? If not beauty, why not bounty?“
With that phrase, author Carla T. Main, in Bulldozed: “Kelo,” Eminent Domain, and the American Lust for Land,accurately and succinctly sums up the devolution of the Supreme Court’sview of the role of judicial review in eminent
On April 9, 2008, the Hawaii Intermediate Court of Appeals will be hearing oral arguments in Unite Here! Local 5 v. City and County of Honolulu, No. 28603, the appeal involving the question of whether the City should have required the Kuilima Resort to prepare a supplemental Environmental Impact Statement. Here are the main
To all those who attended today’s seminar, thank you. Here are the links to the cases I mentioned. From the morning session on Case Law Update:
Remember that whopping $36.8 million inverse condemnation judgment against the City of Half Moon Bay, California by the U.S. District Court back in November 2007? Yamagiwa v. City of Half Moon Bay, No. 05-4149 VRW (Nov. 28, 2007). The city said at the time it was going to appeal, and it hired some
There’s still time to sign up for the “Practical Guide to Zoning and Land Use Law” seminar, to be held Thursday, April 3, 2008, in Honolulu. I will be leading sessions on Current Case Law and Legislative Update, and Appealing an Administrative Zoning Decision. A detailed agenda and registration information are posted here.
While not exactly on the usual topics of this blog, the Ninth Circuit’s opinion in Card v. City of Everett, No. 05-35996 (Mar. 26, 2008) is worth a read. It involves the question of whether the placement of a reproduction of the Ten Commandments (the tablets, not the movie) on the grounds of Old